Resolving Intellectual Property and Technology Disputes through WIPO ADR during the COVID-19 Pandemic

August 26, 2020

The COVID-19 pandemic is affecting businesses in an unprecedented manner, creating an environment with a high potential both for contractual and for non-contractual disputes. Where disputes concern intellectual property (IP) or technology issues, the WIPO Arbitration and Mediation Center (WIPO Center) continues to assist parties to resolve such disputes efficiently outside of the courts.

Lowering barriers for IP ADR

Often time consuming and costly, court litigation may not always offer the most suitable dispute resolution option for resolving IP and technology disputes. Additionally, the global pandemic has been presenting challenges to the regular operations of national courts and IP adjudicative bodies.

In these conditions, demand is growing for Alternative Dispute Resolution (ADR) options – in particular, Mediation, Arbitration, Expedited Arbitration, and Expert Determination – that offer time- and cost-efficiency and accommodate COVID-19 safety considerations, including in terms of travel and physical presence.

Set out below is a brief overview of selected features of WIPO ADR to help meet party needs at this particular time.

Among ADR choices, WIPO Mediation in particular allows parties to begin, continue or enhance business relationships in difficult times. Under the WIPO Mediation Rules, parties benefit from considerable flexibility, allowing a range of procedural adjustments, including holding online mediation meetings. The Rules also facilitate the submission of a dispute to mediation in cases where there is no contract or mediation agreement between the parties; one party to a dispute can invite the other party to consider WIPO Mediation by filing an online request. During these challenging times, a number of WIPO neutrals are available to work at reduced fees on a case-by-case basis.
In addition to its regular case administration under the WIPO Rules, the WIPO Center also collaborates with Intellectual Property Offices and national courts, to develop and implement tailored dispute resolution schemes that accommodate the present situation. For example, the WIPO Center is currently offering online mediation services at no charge to parties involved in proceedings pending before the Intellectual Property Office of Singapore (IPOS).
For all WIPO ADR cases, to easily connect parties the WIPO Center makes available at no cost online case administration tools. Notably, this includes the WIPO eADR online case management platform, and videoconferencing facilities. The use of these tools in WIPO cases has considerably increased since the beginning of the COVID-19 pandemic.

ADR information and training

As part of its overall response to the COVID-19 pandemic, the WIPO Center has increased its offering of webinars and online training on IP and technology ADR. Through the first half of 2020, over 8,000 participants from 160 countries participated in the WIPO Center’s online events, which were held in multiple languages. The WIPO Center’s website makes available webinar recordings.

To enhance ADR engagement in the IP and technology community, the WIPO Center has recently launched a dedicated LinkedIn page providing up to date information on developments of note.

Are you involved in a dispute?

The WIPO Center continues to support IP owners and businesses in their dispute resolution needs in the present period. In addition to administering disputes in the most time- and cost-effective manner possible, the WIPO Center is also available to provide potential parties with procedural information and filing guidelines on WIPO Mediation, Arbitration, Expedited Arbitration, and Expert Determination. Extensive information is also available on WIPO’s services for domain name disputes.

Please do not hesitate to contact us for any enquiries.